We have represented many individuals charged with aggravated assault.  If you are facing an aggravated assault charge in Jacksonville, it is essential you have an experienced Duval County criminal defense attorney by your side. 

 

In Florida, aggravated assault is a more serious form of assault that involves additional factors, such as the use of a deadly weapon or the intent to commit another felony. It is governed by Florida Statutes § 784.021.

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Definition of Aggravated Assault:

Aggravated assault occurs when a person:

1. Commits an assault: This involves intentionally threatening another person with violence and creating a well-founded fear that violence is imminent.

2. Uses a deadly weapon: A deadly weapon can be anything that can cause great bodily harm or death, such as a gun, knife, or even a blunt object, but without the intent to kill.

3. Or has intent to commit a felony: The person committing the assault intends to carry out another felony during the incident.

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Penalties for Aggravated Assault in Florida:

Aggravated assault is classified as a third-degree felony in Florida. The potential penalties include:

Prison Time: Up to 5 years in prison.

Probation: Up to 5 years of probation.

Fines: Up to $5,000 in fines.

  
Mandatory Minimum Sentences:

If a firearm is involved in the aggravated assault, Florida’s “10-20-Life” law may apply, which can impose mandatory minimum sentences. For example:

10 years: If a firearm is possessed during the assault.

20 years: If the firearm is discharged during the assault.

25 years to life: If someone is injured or killed as a result of the firearm being discharged.

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Defenses to Aggravated Assault:

There are several potential defenses to an aggravated assault charge in Florida, including:

Self-defense: Arguing that the defendant was protecting themselves or others.

Lack of intent: Claiming that the threat or fear of violence was not intentional.

False accusation: Proving that the accusations are false or that the situation has been misinterpreted.

No deadly weapon: Arguing that the object used was not actually a deadly weapon.

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Aggravated Assault vs. Aggravated Battery:

It’s important to differentiate between aggravated assault and aggravated battery. While aggravated assault involves a threat of violence, aggravated battery involves actual physical contact and injury.

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An aggravated assault charge is a serious offense in Florida, and anyone facing such a charge should seek legal advice to navigate the complexities of the legal system.

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If you are charged with a Jacksonville Aggravated Assault offense in Duval County contact our office.  Consultations are always free and always confidential.